Saturday, June 11, 2011

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  • Appu
    04-17 04:01 PM
    Sign this petition on Sen Kennedy's website in support of immigration reform:

    http://www.tedkennedy.com/fightforfairness

    It may help...




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  • matreen
    09-05 05:40 PM
    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant

    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.




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  • BharatPremi
    03-17 10:26 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.


    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.




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  • swo
    07-16 02:28 PM
    How can you say that ? Please explain
    Murali

    Dude. He was joking.



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  • ragz4u
    03-15 11:05 AM
    Ramanujam,

    Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.

    It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold

    There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us

    In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.

    After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed

    So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!




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  • coopheal
    12-04 08:58 AM
    Bump



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  • jasmin45
    08-06 10:16 AM
    I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
    Sorry to hear this news! As far as I understand the july fieasco and successive events did not effect consular processing especially for scheduled interviews. How did this happen? Well!
    We Hope that the visa categories will be current in October and vias be allocated to you, when they open the FY 2008.




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  • lonedesi
    06-26 03:30 PM
    Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill



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  • immi_enthu
    09-27 04:04 PM
    His Response:
    Yes, it happens. However, they two will be combined eventually.

    ----- Original Message -----
    Sent: Monday, September 17, 2007 12:40 PM
    Subject: Different Alien Registration Numbers on approved I 140 and 485
    receipt notice

    My question:
    >
    > I have two different Alien Registration Numbers in my I 140 and 485
    > receipt notice. Do I need to worry about it ?
    >
    > Thanks-


    Very vague response. When I asked if there will be any delay due to this, no response so far.




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  • raj1998
    04-13 12:49 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.



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  • Vet04
    12-08 12:47 PM
    " kumar1" - What has salary to do with questions or coming to forum? Sorry,I didn't get your point here. I have seen people post all sorts of questions and problems in this forum.

    Thank you very much for the time to write your views though ,specially the cons, I would definitely like to know the cons too.

    thanx sri, lord and smisachu for the answers.




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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)



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  • eb3_nepa
    07-29 05:42 PM
    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".




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  • eagerr2i
    08-08 11:23 AM
    Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.



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  • Ennada
    09-13 12:25 PM
    EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.

    As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.

    "hate the game, don't hate the playa....Chris Rock" is appropriate here.

    Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.

    We are all in this together. We all need to stay together.




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  • kirupa
    11-26 03:52 AM
    You'll be surprised at all the things that I pretend to know.



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  • mundada
    11-06 04:30 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts




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  • psaxena
    07-06 06:37 PM
    I changed my job recently , didn't talk about anything immigration, ead anything. Even when I asked , I told them "That will not be an issue, and nothing is required by the company to do for me". At the time of joining I gave my EAD and SSN. Thats it HR lady didn't ask anything just took the Photocopy of it and kept in the file.

    I did not file AC-21 as well , though as part of the joining process without asking I as given the appointment letter, role and jobdesctription , which I can use as EVL. I think this is standard process which every company follows. So flow in the process and there should not be any issues. Also after making the offer the company cannot deny the offer because of EAD thats, the law. So wait and speak wisely till you get the offer letter.




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  • jonty_11
    01-15 10:46 AM
    Furthur the letter states: If you fail to provide results of Lang test , an assessment will be done based on information you have provided and that may result is fewer points being awarded for language abilit, influencing overall eligibility.

    I am thinking of not taking this test. Anyone else with similar letter from canada Buffalo office?




    fuzzy logic
    07-01 12:25 PM
    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.

    Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?




    krithi
    02-04 08:11 AM
    I am in similar situation but the only difference is I applied for 485 after graduating and currently working on EAD, can I visit India and come back on AP with no isses? and BTW what did ur attorney say exactly? appreciate ur help.

    krithi



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